National Credit Code

First Mortgage Managed Investments v Oberlechner [2006] NSWSC 1397

In these proceedings the lender obtained orders possession of the properties by consent on proviso that the orders were stayed for a short while to allow the borrower to refinance. Unable to obtain refinance the borrower then sought to re-neg on the agreement (for judgment) and raise a defence based on the Uniform Consumer Credit …

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Permanent Custodians v Upston [2006] NSWSC 1128

The lender is claiming summary judgement for a debt owing under a loan agreement secured by a registered mortgage over the borrowers home. The borrower is seeking to stay these proceedings until a hardship application is heard and also to transfer the matter to the Tribunal. The borrowers defence relies on s80(2) of the Consumer …

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First Option Credit Union v Williams [2005] NSWSC 855

This was an application by the defendant to amend the defence and also to have the proceedings dismissed as frivolous or vexatious, or no reasonable cause of action was disclosed, or because the proceedings were an abuse of the process of the court: UCPR 13.4. The defendant was borrower, mortgagor and guarantor of a loan …

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ANZ v Paul Stephen Fuller [2004] NSWSC 305

The borrowers, a partnership formed by a father and son (“the business”), maintained a business bank account with the bank. During the operation of the bank account, discussions were made between the bank and the business for an overdraft facility to be set up. As security for the overdraft facility, it was agreed that the …

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